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The short answer is yes, the long answer is it depends. Based on what you are describing, you have already mentioned that it is a 'loophole' that this couple is utilizing, where one spouse has a very clear intention to evade ABSD taxes. This is exactly what the government has a problem with.

I'm a Harvard graduated real estate agent with a degree in economics, and I have a decade of experience working on Singapore public policy. I would love to schedule a free consultation to discuss your options if you need any support.

Feel free to reach out via whatsapp or email.

Kay Cloud
The Harvard Educated Agent
Propnex Realty Pte Ltd
cloud@propnex.com
Tel: (+6.5.) 8.5.6.7.4.5.8.5
Whatsapp -> https://wa.me/6585674585 Read More

Hi, appreciate your sharing. HDB can't do de-coupling. Only 1 ownership 1 occupant then able to do so, but require to await 5 years MOP then the occupant is able to purchase private.
Looking forward to assist you at 9696 4398  or email me at stewartlim96964398@gmail.com

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More

Good day to you.

The current arrangement, where you are listed as the main applicant and your spouse as an essential occupier, aligns perfectly with the existing Housing and Development Board (HDB) regulations. However, challenges arise upon fulfilling the Minimum Occupation Period (MOP), particularly if your spouse plans to purchase private property in the future.

It's important to consider whether your spouse is financially equipped to secure this purchase under her own name. If she is not, we need to examine the rationale behind the proposed ownership structure of 99% to 1%. This allocation raises questions about the motivations and intentions behind such a division, especially if it is not reflective of the actual financial contributions made by each party.

Understanding the underlying rationale and intentions is crucial, as it can impact the feasibility of future property purchases and compliance with GAAR. Ultimately, ensuring transparency and alignment in financial contributions will be key to navigating any potential challenges ahead.

Navigating a property transaction can be complex, especially with major life events. As a seasoned property consultant with 15 years of experience, I provide informed guidance on complex property matters.

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I’m Aren Goh from PropNex.

What you’ve described is perfectly legal under current HDB rules, because an essential occupier is not considered a legal property owner and therefore can buy a private property later without ABSD, so long as they meet eligibility conditions.

That said, given how authorities have tightened 99/1 decoupling and other stamp duty-related workarounds, it’s not impossible they could review this arrangement in the future if they see it being used mainly as a tax avoidance tactic. Any change would likely come with transitional provisions, but there’s no guarantee existing owners would be fully exempt from new rules.

If you’re thinking of using this structure now, the key is to make sure the ownership and occupier arrangement still meets your practical needs, not just tax savings. I can help assess your situation in detail so you’re prepared both under current rules and in case things shift down the road. You can reach me at 9657 6701  . Read More

Hi,

I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Have a good day ahead. By the way, this way is fine as the essential occupier does not have any legal ownership to the flat.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More

1. Under current HDB rules, an essential occupier is not a legal owner, so they can buy private property later without paying ABSD, as long as they meet eligibility conditions.

2. HDB itself does not allow decoupling. Only one owner and one occupier is permitted, and the occupier must wait until the 5-year Minimum Occupation Period (MOP) is completed before buying private property.

3. Authorities have tightened other stamp duty-related workarounds, so future rule changes are possible if arrangements are seen as primarily for tax avoidance. Transitional provisions may apply, but full exemptions aren’t guaranteed.

4. Focus on whether the ownership and occupier setup meets your practical needs, rather than just aiming for tax benefits.

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QUOTE OF THE DAY " In negotiations, the most important thing is not t Read More

Hi,

1) I had highlighted this 1 owner + 1 core occupier situation before.
2) This kind of ownership is very common in the 60/70's, where there is only a single breadwinner in the family. The spouse usually will only listed as a core occupier.
3) The recent banning of decoupling is to discourage couples from jumping into crazy mode of property investment without considering of upgrading their living instead when they are able to.
4) The 99/1 arised due to the high ABSD rate slamming on those who try to evade tax. The clamping down of such practice was expected right in the beginning. It is just a matter of time.
5) Whereas, the 1 owner + 1 core occupier method is not always possible because the current BTO is not as cheap as in the 60/70's even though our GDP has been growing since.
6) In the 80/90's, most of the people are buying using double income to service the mortgage due to the higher HDB flats' price.
7) Do note that the BTO/SBF were selling less than $200k back then. Now the BTO/SBF easily crossed half a million. Using a single income to service the mortgage is not easy unless the single owner has a high income, but this income does not crossed the income ceiling mark.
8) So, it is not a easy task if you do your calculation. This person can only loan ~$400k from the HDB, meaning that he would have to cough out around $200k for the downpayment for a $600k BTO.
9) Those who really can take advantage of the 1 owner + 1 core occupier are not too many from the govt point of view.
10) These people with such high income at a young age properly will upgrade to a private or a new/resale EC in a later stage rather than just buying another private residential property for investment.
11) I doubt the govt can stop this category couples from owning more than 1 property in future.

All The Best!!!

Hope the above answers your main concerns, but if there are more queries, please feel free to contact me at 90110636  or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
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https://agents.huttonsgroup.com/R056727F/

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If the 99/1 ownership arrange is done with the intentions to avoid text, then it is deem illegal. Hope this helps.

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Hi,

I understand your concerns on this. However, I don't foresee a problem if you have genuine needs or reasons for holding the HDB flat under sole lessee.

In fact, I had just helped my SPR client purchase her first property (with 5% ABSD) on last Saturday, 1 day after her MOP (as an essential occupier) is met on last Friday.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist you in your property plans. Please get in touch with me for a more in-depth discussion.

Should you need require further assistance in matters relating to property, please contact me at my mobile +65 97 48 63 05. I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
+65 97 48 63 05
PropNex Realty Read More